Terms and Conditions
Effective Date: January 1, 2023
These are the Terms and Conditions for the Rescreen mobile application (the Application) between you, the user, and Looky Technologies SL (Looky Technologies SL, we or us). These Terms and Conditions consist of (1) a License Agreement and (2) the Terms ofUse applicable to the use of the Application and the services provided by the Application (together, this Agreement).
This Agreement also includes the terms and conditions of the Rescreen Privacy Policy, as amended from time to time, which are incorporated herein by reference.
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “IHAVE READ AND UNDERSTAND” THIS AGREEMENT AND DOWNLOADING,INSTALLING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE APPLICATION.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH MAY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE. SEE BELOW UNDER “TERMS OF USE – ARBITRATION AND CLASS ACTION WAIVER.”
the Application will ALLOW Looky Technologies SL AND THIRD PARTIES TO COLLECT, TRANSFER AND USE INFORMATION ABOUT YOUR DEVICE’S PRECISE LOCATION. PLEASE SEE “TERMS OF USE – PRIVACY; location data”BELOW FOR MORE INFORMATION.
1. ELIGIBLITY
The Application is intended for use by persons who are at least 13years of age and reside in the United States and its territories (the Permitted Territory). If you are under 13 years of age, you may not download and use the Application. If we learn that a user is under 13years of age, we will terminate that user’s account within theApplication. If you download and use the Application outside of the Permitted Territory, you will not be able to open an account for the Application, be awarded any points or redeem any points. If you are auser that is between the ages of 13 and 18, you must have a parent orguardian’s consent to use the Application.
2. OVERVIEW OF THE APPLICATION
The Application provides you with the opportunity to be awarded points which can be redeemed for various rewards. Normal data usage rates will apply when you use the Application.
3. LICENSE AGREEMENT
A. The License
Subject to the terms of this Agreement, Looky Technologies SL grants to you a limited, nontransferable, nonexclusive license (without the right to sublicense) to install and use one copy of the Application,in executable object code format only and solely for your personaluse, strictly in accordance with the terms and conditions of thisAgreement, and all applicable local, state, and national laws andregulations (the License). By using the Application, yourepresent, warrant and agree that you are using the Applicationsolely for your own personal use and not for redistribution ortransfer of any kind. You agree to abide by the rules and policiesestablished from time to time by Looky Technologies SL relating toyour use of the Application. Such rules and policies may include, forexample, required or automated updates, modifications, and/orreinstallations of the Application and obtaining available patches toaddress security, interoperability or performance issues. If at anytime after reviewing the Application you wish to terminate theLicense, you must un-install and remove the Application from yourmobile device(s), and delete any copy in your possession.
Your use of the Application also may be governed by terms and conditions required by (i) the manufacturer and other providers ofyour mobile device(s) and its hardware and software components,including its operating system; and (ii) the online store or otherapplicable distributor through which you obtain the Application ((i)and (ii) collectively being referred to as the Related Agreements).No Related Agreement, however, shall have the effect of limiting,encumbering or otherwise restricting Looky Technologies SL’s rightsand remedies or your obligations under the License, or waiving anyrestrictions on your rights to use the Application under the License.The License shall not have the effect of limiting, encumbering orotherwise restricting Looky Technologies SL’s rights and remediesor your obligations under any other agreement between you and LookyTechnologies SL, or waiving any restrictions on your rights under anysuch agreement.
B. Restrictions
The rights granted to you in the License are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer,assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party or to any mobile device not owned or controlled by you; (b) you shall not modify, make derivative worksof, disassemble, reverse compile or reverse engineer any part of theApplication; (c) you shall not access the Application in order tobuild a similar or competitive product or service; (d) except asexpressly stated herein, no part of the Application may be copied,reproduced, distributed, republished, downloaded, displayed, postedor transmitted in any form or by any means, including but not limitedto electronic, mechanical, photocopying, recording or other means;(e) you shall not make any modification, adaptation, improvement,enhancement, translation or derivative work from the Application; (f)you shall not violate any applicable laws, rules or regulations inconnection with your access or use of the Application; (g) you shallnot remove, alter or obscure any proprietary notice (including anynotice of copyright or trademark) or legal notices of LookyTechnologies SL or our licensors; (h) you shall not use theApplication for any purpose for which it is not designed or intended;(i) you shall not make the Application available over a network orother environment permitting access or use by multiple devices orusers at the same time; (j) you shall not use the Application to sendautomated queries to any website or to send any unsolicitedcommercial e-mail; (k) you shall not use any proprietary informationor interfaces of Looky Technologies SL or other intellectual propertyof Looky Technologies SL in the design, development, manufacture,licensing or distribution of any applications, accessories or devices for use with the Application; and (l) you shall not circumvent,disable or tamper with any security-related components or other protective measures applicable to the Application. Any use of theApplication other than as specifically authorized herein, without theprior written permission of Looky Technologies SL, is strictly prohibited and will terminate the License. These obligations survive termination of this Agreement.
C. Ownership
You acknowledge and agree that the Application, any copies thereof(including without limitation any copy that you download, install, or use on your personal computer or mobile device(s)), and allcopyrights, patents, trademarks, branding or logos used in theApplication, trade secrets, source and object code, format,directories, queries, algorithms, structure and organization of theApplication and other intellectual property rights and proprietaryand confidential information rights associated therewith are, andshall remain, the property of Looky Technologies SL or our licensors.Looky Technologies SL and our licensors reserve the right to change,suspend, terminate, remove, impose limits on the use of or access to,disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liabilityfor doing so. Except as expressly authorized by Looky Technologies SLherein, you are not granted any intellectual property rights in or tothe Application by implication, estoppel or other legal theory, andall rights in and to the Application not expressly granted in this Agreement are hereby reserved and retained by Looky Technologies SLand our licensors. These obligations survive termination of thisAgreement.
D. Versions
Looky Technologies SL may release updated versions of the Application from time to time. Certain features of the Application may only beavailable by using the most up-to-date version of the Application. In addition, information contained in versions of the Application other than the most up-to-date version may not be accurate. You are encouraged to promptly update your Application when new versions arereleased.
4. TERMS OF USE
A. Registration; Your Account
The Application requires that you register and create an account(Account). There is no registration fee required to use the Application. When you register, you agree to: (a) provide true,accurate, current and complete information about yourself as promptedby the registration form; and (b) provide us with updates and maintain the accuracy and completeness of such information. Please also see “Eligibility” above for a description of those who arepermitted to use the Application.
You are allowed to have only one (1) Account. Your Account must have a working email and an associated mobile phone number located in the Permitted Territory. A VOIP phone number and a landline phone number do not count as a mobile phone number for this purpose. If you open more than one Account, we may cancel all of your Accounts in ourdiscretion.
You may also be able to sign in and create your Account through an account you already have with another service, such as Facebook.
We may suspend, deactivate and/or cancel your Account if you have not met any of the requirements of this Agreement. We also may immediately suspend your Account (and ultimately cancel your Account)if we believe or suspect that you are not an Active Daily User (asdefined below Under “Terms of Use – Awarding and Redeeming Points– Being and Active Daily User”). Please see also “Terms of Use– Appropriate Conduct” below as it relates to our ability tosuspend, deactivate and/or cancel your Account.
If your Account is cancelled, you will not be able to redeem your accumulated points. We may also freeze or cancel any pending Redemption Transactions (as defined below) at the time that your Account is cancelled.
You have the right to cancel your Account at any time.
B. Password and Security.
You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your Account. You agree to immediately notify Looky Technologies SL of any unauthorized use of your Account. LookyTechnologies SL will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use ofyour Account or the Application on your mobile device.
C. Awarding and Redeeming Points
A. Awarding Points
a. In General.
The Application indicates those activities for which you may be awarded points, and the applicable number of points you may be awarded for those activities. Activities may be added or deleted fromthe Application by Looky Technologies SL in our sole discretion. Youmust properly and completely engage in the applicable activity inorder to be awarded the associated points. Looky Technologies SL willaward points in its discretion. You must be in compliance with thisAgreement in order to be awarded points. Points will not be added toyour Account if you un-install the Application or you or wede-activate or cancel your Account.
b. Being an Active Daily User.
You must be an Active Daily User of the Application to be eligible tobe awarded points. An “Active Daily User” means that you keep theApplication running on your device at all times, you use your deviceas you normally would, you view Lock Screen Content (as definedbelow) as part of your normal interactions with your device, and youhave only one Account.
c. Points for Content On Your Lock Screen.
Once you download the Application and accept this Agreement, theApplication allows third party businesses and advertisers(collectively, Third Party Advertisers), as well as LookyTechnologies SL, to deliver advertisements and other content on thelock screen of your mobile device (collectively, Lock ScreenContent). You will have the option to ignore any Lock Screen Contentor to click on it to receive more information about the Lock ScreenContent you see on your lock screen. The Lock Screen Content willappear anytime you wake up your device. By allowing the display ofthis Lock Screen Content, you will be eligible to be awarded thepoints as described in this Agreement.
d. Points for Surveys.
The Application may allow you to answer short market research surveysin order to be eligible to be awarded points. You will be notified inthe Application when surveys are available. If for any reason asurvey is not fully completed (including, without limitation, as aresult of a network or device error), you will not be eligible toreceive points for taking the survey. The surveys are provided bythird parties, and not Looky Technologies SL. You will need to reviewthe terms and conditions and privacy policy of the survey provider(or providers) before completing any surveys. Looky Technologies SLdoes not guarantee that surveys will always be available or that theywill be available at any specific times.
e. Bonus Points.
Looky Technologies SL reserves the right to grant bonus points in ourdiscretion for special activities or events. You will be notified ofany bonus point opportunities or awards in the Application or anothernotification manner contemplated by this Agreement.
B. Redeeming Points
Subject to paragraphs 3, 4 and 5 of this section, once awarded, youmay redeem points through purchases at any time, so long as (i) youhave enough points available to purchase a reward (a RedemptionPurchase) and (ii) your Account is open, active and in good standing.However, your first Redemption Purchase may be prohibited during aone-time waiting period which is based on the number of days that youmust use the Application after you first create your Account. Thiswaiting period will be set by Looky Technologies SL in our discretionand identified in the Application if you attempt to make a RedemptionPurchase prior to the end of the waiting period.
The number of points required to redeem an item shall be set by LookyTechnologies SL from time to time in our sole discretion, and maychange without notice. The available rewards (and required points forthe same) can be seen in the Application. Based on your point total,you may choose to redeem your points for available rewards or you may continue building points to redeem later.
Some reward products and services may have restrictions, such as limited availability, may be available only while supplies last and/or may be subject to other restrictions. We will explain thoserestrictions to you within the Application.
When you make a Redemption Purchase, you may be purchasing a productor service (collectively, Redemption Products) from a third party affiliated with the Application (a Reward Third Party and,collectively, the Reward Third Parties). The Reward Third Parties mayhave additional terms and conditions that are applicable to yourRedemption Purchase. If so, those additional terms and conditionswill be presented to you for review and acceptance in the Application(and will apply in addition to this Agreement). If you do not acceptthe additional terms and conditions of a Reward Third Party that arepresented to you, you will not be able to redeem your points forRedemption Products of that Reward Third Party.
C. Expiration of Points
Points expire 12 months after they are awarded, on a rolling basis.However, points may expire earlier if (and when) your Account isclosed, if that occurs prior to the 12-month expiration date.Information about expiring points is available in the Application.
D. Inactivity; Account Closure; Other Loss of Points
If we close or deactivate your Account as described in “Terms ofUse – Registration; Your Account” above, or you voluntarily closeyour Account, your accumulated points will immediately expire. LookyTechnologies SL, in our sole discretion, can freeze or remove pointsfrom your Account and/or suspend and cancel your Account activity(including any pending Redemption Purchases) if Looky Technologies SLhas reason to believe that points were awarded through means that arein violation of this Agreement or fraudulent or illegal activity. Youwill be notified of any freezing or removal of points.
E. Points Have No Cash Value
Points awarded may only be redeemed within the Application. Pointsare not your personal property and are not descendible ortransferable, and may not be inherited, bartered, sold or given.Points are not actual currency and have no cash value. Reward pointsmay be valued by Looky Technologies SL for tax and accountingpurposes in our sole discretion.
F. Return or Cancellation of Redemption Products
The handling of returns or cancellations of Redemption Products,including if they are lost or stolen, is subject to the terms andconditions of the applicable Reward Third Party. You should contactthe applicable Reward Third Party directly with any questions aboutreturns, cancellations or lost or stolen items. Their contactinformation will accompany the details of your Redemption Purchase.
G. Delivery of Your Redemption Purchase
Products and services purchased in a Redemption Purchase will bedelivered virtually to you through the Application, unless otherwisenoted in the Application.
H. Tax Matters
Your use of the Application may result in the receipt of taxableincome by you from Looky Technologies SL in the tax year(s) in whichyou redeem your points. In accordance with U.S. tax law, LookyTechnologies SL may be required to send to you, and file with theIRS, a Form 1099-MISC (Miscellaneous Income) for the year(s) in whichyou redeem points. The valuation of the points that you redeem forForm 1099-MISC tax reporting purposes will be at Looky TechnologiesSL’s sole discretion. You are solely responsible for any personaltax liability arising out of the points redeemed through your use ofthe Application. Please consult with your tax advisor if you have anyquestions regarding your personal tax situation.
I. Changes in Points
Looky Technologies SL may change the points that may be awardedthrough the Application at any time. In the event of a change inpoints, Looky Technologies SL will include updated information aboutthe points that you are eligible to be awarded within theApplication. If you do not agree to these changes, your sole remedyis to stop using the Application before the changes take place. Ifyou continue to use the Application after a change in the points hastaken effect, you will be deemed to have agreed to the change. Anysuch change will only apply prospectively and will not affectpreviously awarded points.
J. Access
You are responsible for obtaining access to the Application and theservices provided by the Application (Services), and you areresponsible for paying any third party fees associated with suchaccess. You are also responsible for paying your wireless servicesbill and for all standard data charges and standard messaging chargesthat may apply. In addition, if traveling outside of your domesticcoverage area, your wireless carrier may charge international roamingrates when downloading/streaming content from the Application.
In addition, you must provide and are responsible for all equipmentnecessary to access the Application.
K. Compliance with Law
You may use the Application and Services only as permitted by law.You may not use or otherwise export or re-export the Applicationexcept as authorized by United States law and the laws of thejurisdiction(s) in which the Application was obtained.
L. Appropriate Conduct
Your ability to use the Application and be awarded Application pointsis expressly conditioned upon your compliance with this Agreement andwith all policies and guidelines applicable to the Application thatLooky Technologies SL may make available from time to time (includingany third party terms and conditions expressly noted herein). In theevent of your non-compliance, fraud or other inappropriate activity(as determined by Looky Technologies SL in our sole discretion),Looky Technologies SL may cancel your Account and/or restrict, limit,block and prevent your access to the Application, accumulated points,future Application points and pending Redemption Purchases.
You agree to use the Application in good faith. You will not providefalse or misleading data or information, including without limitationin response to surveys.
M. User Content
You may provide information to Looky Technologies SL or third partiesin connection with your use of the Application, including providingsurvey responses, feedback or other content (User Content). Byproviding User Content, you represent and warrant that you have thelawful right to provide it and that is accurate and complete.
You understand and agree that you have no ownership rights inmaterials you submit through the Application. You hereby grant LookyTechnologies SL a limited, non-exclusive, sub-licensable, world-wide,fully-paid, royalty free license to use, modify, perform, publiclydisplay, reproduce and distribute User Content in any media withouthe requirement to make any payment to you or to any third party or toseek any consent.
You must not provide any User Content or otherwise make use of theApplication that:
1. is unlawful, harmful, threatening, abusive, harassing,tortious, defamatory, vulgar, obscene, libelous, invasive ofanother’s privacy, hateful, or racially, ethnically or otherwiseobjectionable;
2. impersonates any person or entity, or falsely states orotherwise misrepresents your affiliation with a person or entity;
3. forges headers or otherwise manipulates identifiers in orderto disguise the origin of any User Content;
4. makes available any User Content that you do not have a rightto make available under any law or under contractual or fiduciaryrelationships (such as inside information, proprietary andconfidential information or information learned or disclosed as partof employment relationships or under nondisclosure agreements);
5. transmits any unsolicited or unauthorized advertising,promotional materials, “junk mail,” “spam,” “chainletters,” “pyramid schemes,” or any other form of solicitation;
6. interferes with or disrupts the Application servers ornetworks connected to the Application, or disobey any requirements,procedures, policies or regulations of networks connected to theApplication;
7. attempts to accrue Application points in a fraudulent manneror using electronic or mechanical means; or
8. in the sole judgment of Looky Technologies SL isobjectionable, does not reflect your good faith efforts to beresponsive to a survey or which may expose Looky Technologies SL orour licensors to liability of any type.
You acknowledge and agree that Looky Technologies SL may preserveUser Content and may also disclose User Content if required to do soby law or in the good faith belief that such preservation ordisclosure is reasonably necessary to: (a) comply with legal process;(b) enforce this Agreement; (c) respond to claims that any UserContent violates the rights of third parties; or (d) protect therights, property or personal safety of Looky Technologies SL, ourusers or the public
N. Term, Modifications to the Services and Termination.
This Agreement is effective on the date you accept it and shallcontinue in effect while you use the Services. Looky Technologies SLreserves the right at any time and from time to time, in our solediscretion, to modify or discontinue, temporarily or permanently, theApplication. Accordingly, Looky Technologies SL may terminate thisAgreement and the License at any time. You agree that LookyTechnologies SL shall not be liable to you or to any third party forany modification, suspension or termination of the Application orthis Agreement. Any such modifications, suspension or termination mayhave the effect of reducing or cancelling your points. You may notrely on the continued availability of the Application, the points orany reward.
Upon termination of this Agreement, your Account and right to accessand use the Services will terminate immediately. As noted above, inthe event of the termination of your Account, any accumulated pointswill immediately expire.
If at any time you wish to terminate the License, you must un-installand remove the Application from your mobile device(s), and delete anycopy in your possession.
Even after this Agreement is terminated, any provisions of thisAgreement, which by their express language or by their context areintended to survive the termination of this Agreement (includingwithout limitation, provisions governing indemnification, limitationson liability, disclaimers of warranty and ownership of intellectualproperty), shall survive such termination.
Any new services provided by Looky Technologies SL or features thataugment or enhance the current Application shall be subject to thisAgreement, unless explicitly stated otherwise.
Looky Technologies SL’s decision is final and binding in allmatters relating to this Agreement, including, but not limited to,the award or removal of points.
O. Proprietary Rights
The Application and all content and other materials contained on orwithin the Application, including without limitation, allinformation, content, designs, text, graphics, information, data,software, surveys, offers, music trademarks, product or servicenames, logos, slogans other files, and the selection and arrangementthereof (collectively, the Looky Technologies SL Content), are theproprietary property of Looky Technologies SL (and our suppliers andlicensors) and are protected in the U.S. and internationally undertrademark, copyright, and other intellectual property laws. Referenceto any products, services, processes or other information, by tradename, trademark, manufacturer, supplier or otherwise does notconstitute
You agree not to download, display or use any Looky Technologies SLContent located on the Application for any commercial purpose, inconnection with products or services that are not those of LookyTechnologies SL, in any manner that is likely to cause confusionamong consumers, that disparages or discredits Looky Technologies SLand/or our licensors, that dilutes the strength of Looky TechnologiesSL’s or our licensor’s property, or that otherwise infringesLooky Technologies SL’s or our licensor’s intellectual propertyrights. You further agree to in no other way misuse any LookyTechnologies SL Content or Third Party Content (as defined below in“Terms of Use-Third Party Content and Products”) that appears onthe Application.
Except where otherwise specified, Rescreen™ and its associatedartwork and design are trademarks and copyrights of LookyTechnologies SL.
P. Privacy; Location Data
The Rescreen Privacy Policy contains information about theApplication’s and applicable third party’s informationcollection, use and disclosure policies. As described in the RescreenPrivacy Policy, the Application will allow third parties to collect,use and transfer information from your device, including yourdevice’s advertising ID, for the purposes of providing you withcontent that may most of interest to you. If you do not agree to thiscollection, transfer and use, you should not use and shouldun-install the Application from your device.
The Application will allow Looky Technologies SL and third parties tocollect, transfer and use information about your device’s preciselocation. This information is necessary to provide content that isrelevant to you based on where you use the Application. Please seethe Rescreen Privacy Policy for more information. If you do not agreeto this collection, transfer and use, you should not use and shouldun-install the Application from your device.
Q. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE APPLICATION AND THE SERVICES ARE AT YOUR SOLERISK.THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS. Looky Technologies SL AND OUR LICENSORSEXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOTHE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIETENJOYMENT. Looky Technologies SL DOES NOT WARRANT UNINTERRUPTED USE,OPERATION OR AVAILABILITY OF THE APPLICATION OR SERVICES OR ANY LookyTechnologies SL CONTENT OR THIRD PARTY CONTENT, OR THAT ANYTRANSACTION REQUEST WILL BE SUCCESSFUL OR COMPLETED WITHIN AREASONABLE AMOUNT OF TIME.
(B) Looky Technologies SL AND OUR LICENSORS MAKE NO WARRANTY (ANDASSUME NO OBLIGATION) (i) that THE SERVICES WILL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR-FREE; (ii) that the Lock Screen Content willalways be available or that it will be available at any specifictimes; (iii) that THE RESULTS THAT MAY BE OBTAINED FROM THE USE OFTHE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) that ANY ERRORS INTHE SOFTWARE WILL BE CORRECTED; OR (v) that ANY SOFTWARE DOWNLOADEDTO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO AMOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION,WARRANTY OR ANY OTHER ASPECT OF THE MOBILE DEVICE. IF APPLICABLE LAWREQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCHWARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATEOF DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM Looky Technologies SL OR THROUGH OR FROM THE APPLICATION SHALLCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
R. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Looky Technologies SL AND OURAFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LookyTechnologies SL, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THISAGREEMENT, THE APPLICATION OR THE SERVICES, INCLUDING WITHOUTLIMITATION: (i) THE USE OR THE INABILITY TO USE THE APPLICATION ORSERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT;(iii) LOSS OR DELETION OF ANY OF USER CONTENT; (iv) STATEMENTS,CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION; (v)MISTAKES, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS OR ANY OTHER FAILUREOF PERFORMANCE; OR (vi) ANY OTHER MATTER RELATING TO THE APPLICATIONOR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LookyTechnologies SL, OUR AFFILIATES AND LICENSORS FOR ANY CLAIM UNDERTHIS AGREEMENT OR RELATING TO THE APPLICATION OR THE SERVICES,WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHERACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OROTHER THEORY, INCLUDING FOR ANY IMPLIED WARRANTIES, ARISING OUT OF ORRELATING TO THE USE OF OR INABILITY TO USE THE SERVICES ORAPPLICATION, IS LIMITED TO THE AMOUNT, IF ANY, PAID TO LookyTechnologies SL TO USE THE SERVICES AND APPLICATION. IN ALL CASES,Looky Technologies SL, OUR AFFILIATES AND LICENSORS WILL NOT BELIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFIMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOTAPPLY TO YOU.
The warranty disclaimer and limitation of liability set forth aboveare fundamental elements of the basis of this Agreement between LookyTechnologies SL and you. Looky Technologies SL would not be able toprovide the Application on an economic basis without suchlimitations. The warranty disclaimer and limitation of liabilityinure to the benefit of Looky Technologies SL’s affiliates andlicensors.
S. Indemnity
You agree to indemnify and hold Looky Technologies SL and oursubsidiaries and affiliates, and their respective officers,employees, agents and licensors harmless from any claim or demand,including reasonable attorneys’ fees, made by any third partyarising out of or related to any User Content you transmit throughthe Application, your use of the Application, your violation of thisAgreement or your violation of any rights of a third party.
T. Third Party Content and Products
The Application contains links, content and services provided bythird parties, which may include advertisements, video, surveys andoffers (collectively, Third Party Content). Information that yousubmit to a third party application or website that you link to fromor within the Application (collectively, Third Party Sites) issubject to the terms of that application’s or website’s privacypolicy. Looky Technologies SL does not have control over the privacypolicies or practices (including ad targeting practices) of suchthird parties. Looky Technologies SL is not responsible for the lossof any data or information (including, without limitation, paymentcard information) that you provide to any Third Party Sites.
Looky Technologies SL does not monitor or have control over ThirdParty Content or Third Party Sites. Looky Technologies SL does notendorse or adopt any Third Party Content or Third Party Sites or takeany responsibility therefor, and can make no guarantee or warranty asto their accuracy or completeness. Looky Technologies SL undertakesno responsibility to review any Third Party Content or Third PartySites. Your use of any Third Party Content or Third Party Sites is atyour own risk. You agree that Looky Technologies SL shall not haveany responsibility or liability for the manner in which Third PartyContent available through the Application is directed or targeted toyou by third parties.
You further acknowledge and agree that Looky Technologies SL shallnot be responsible or liable, directly or indirectly, for any damageor loss caused or alleged to be caused by or in connection with useof or reliance on any Third Party Content or Third Party Sites.
The Third Party Content and the Third Party Sites are intended forgeneral audiences. If you do not like the Third Party Content and/orThird Party Sites for any reason, we suggest you not view thespecific content that is not to your liking, or that you un-installand do not use the Application.
Looky Technologies SL is not responsible for, and makes no warrantiesof any kind regarding the Redemption Products or any other productsor services that you may purchase or receive pursuant to Third PartyContent made available through the Application. Any claims orconcerns you may have concerning any Redemption Products or any otherproducts or services that you may purchase or receive pursuant toThird Party Content available through the Application should bebrought by you directly to the applicable seller or provider. LookyTechnologies SL expressly disclaims any warranties that such productsor services will be merchantable or fit for a particular purpose ornon-infringing or error-free.
U. Modification of this Agreement
This Agreement is subject to occasional revision, and if we make anysubstantial changes, we may notify you by (i) prominently postingnotice of the changes on the Application’s website, (ii) contactingyou using Account information and/or (iii) providing notice of thechanges through the Application. Any changes to this Agreement willbe effective immediately upon our posting them on the Application’swebsite or making the updated version of this Agreement available toyou through the Application, unless we notify you otherwise.Continued use of the Application and the Services following theposting or notice of such changes will indicate your acknowledgementof such changes and agreement to be bound by the terms and conditionsof such changes. You should frequently review this Agreement and theaforementioned other applicable agreements and policies on the LookyTechnologies SL website and/or the Application’s website. If you donot agree to the amended terms, you must stop using and un-installthe Application.
V. General
This Agreement and the relationship between you and LookyTechnologies SL shall be governed by the laws of the State ofIllinois, excluding any conflicts of law provisions. LookyTechnologies SL does not consent to the jurisdiction of all states orstate courts merely by virtue of maintaining and operating theServices and providing other content and information on the WorldWide Web.
The failure of Looky Technologies SL to enforce at any time anyprovision of this Agreement shall not be construed to be a waiver ofsuch provision, nor in any way to affect the validity of thisAgreement or any part hereof or the right of Looky Technologies SLthereafter to enforce each and every such provision. No waiver of anybreach of this Agreement shall be held to constitute a waiver of anyother or subsequent breach.
If any provision of this Agreement is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that thecourt should endeavor to give effect to the parties’ intentions asreflected in the provision, and the other provisions of thisAgreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, anyclaim or cause of action arising out of or related to use of theServices or this Agreement must be filed within one (1) year aftersuch claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only andhave no legal or contractual effect.
Any notices intended to have legal effect: (a) to you may be made viaemail, SMS, regular mail or through the Services or the Applicationand (b) to Looky Technologies SL must be made by deliveryreceipt-requested mail at Looky Technologies SL headquarters at 3401N. Miami Ave, Suite 230, Miami, FL 33127, ATTN: Legal Department.
The United Nations Convention on Contracts for the International Saleof Goods shall not apply to this Agreement. In the event that anyprovision of this Agreement is found to be contrary to law, then suchprovision shall be construed as nearly as possible to reflect theintention of the parties, with the other provisions remaining in fullforce and effect.
This Agreement (together with all Related Agreements) constitutes theentire agreement between the parties pertaining to the subject matterhereof.
The failure of Looky Technologies SL to comply with this Agreementbecause of any reason beyond the reasonable control of LookyTechnologies SL shall not be deemed a breach of this Agreement.
W.
The Application is subject to the export control laws and regulationsof the United States and other jurisdictions. You agree to complywith all such laws and regulations.
X. Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTSHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHERPARTY, TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION(“AAA”).
WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION ANDARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANYREASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANYARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILLREIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THEARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNTYOU HAVE DEMANDED IN SUCH ARBITRATION.
THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATIONAND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTEREDIN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THISAGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND ISTHEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TOARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE INCOURT INCLUDING ANY RIGHT TO A JURY TRIAL.
UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCHARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS.AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMSCOURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALLCLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BETREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS,CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERALACTIONS. Looky Technologies SL EXPRESSLY REJECTS AND DOES NOT CONSENTTO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION.
THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICEAGREEMENT.
FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THEARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATIONASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.
Y. Technical Support.
Technical support for the Application is available daily from LookyTechnologies SL through the Application.
Z. Information or Complaints.
Under California Civil Code Section 1789.3, California users areentitled to the following consumer rights notice: If you have aquestion or complaint regarding the Services, please send an e-mailto the e-mail address listed below. California residents may reachthe Complaint Assistance Unit of the Division of Consumer Services ofthe California Department of Consumer Affairs by mail at 1625 NorthMarket Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254or (800) 952-5210.
Contact Information:
Looky Technologies SL
Calle Federico Salmon 8
Madrid, Spain
Email: support@rescreen.app